Conserving W.Va. History, Joining A Silent Book Club And Celebrating Tourism, This West Virginia Week

On this West Virginia Week, we spend some time in the Eastern Panhandle and learn about a new Battlefield Park, hear from a Harpers Ferry author and explore the unknown future of the John Brown Wax Museum. We also travel to Morgantown to experience a Silent Book Club, and then south to Logan County to check out the hopes riding on the inaugural Governor’s School for Tourism.

On this West Virginia Week, we spend some time in the Eastern Panhandle and learn about a new Battlefield Park, hear from a Harpers Ferry author and explore the unknown future of the John Brown Wax Museum.

We also travel to Morgantown to experience a Silent Book Club, and then south to Logan County to check out the hopes riding on the inaugural Governor’s School for Tourism. 

In other news this week, we learn the latest on the health of the coal industry in West Virginia, check in on a campaign to improve foster care, hear from the state Board of Education meeting and visit an archeological dig in Malden.  

Liz McCormick is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Maria Young.

Learn more about West Virginia Week.

DoHS Seeks To Avoid Trial In Foster Care Lawsuit

The Department of Human Services has asked the U.S. District Court for the Southern District of West Virginia to decide a foster care lawsuit on a summary judgment.

The West Virginia Department of Human Services (DoHS) filed a motion Tuesday asking for summary judgment in a class action lawsuit that alleges the department neglected the children in its care by placing them in unsafe or unstable environments and lacked the necessary staff to serve them.

A summary judgment is a decision made based on statements and evidence without going to trial. It is a final decision by a judge meant to resolve a lawsuit before trial.

The lawsuit against the department was filed in September 2019. The original complaint against West Virginia officials alleged that they violated the rights of a dozen foster care children. The case was granted class action status in 2023.

In a press release, DoHS said a jury trial would be “costly and unnecessary,” claiming the more than 3.2 million pages of documents they’ve provided over the past five years prove that the plaintiffs could not win the case, based on “undisputed facts reflected in these documents and testimony.”

The motion, containing many thousands of pages of evidence, claims the department has decreased its reliance on residential treatment over the last decade by 11 percent and decreased the turnover rate for CPS and Youth Services workers by more than 11 percent.

According to the state’s Child Welfare Dashboard, child welfare positions in the state are 83 percent staffed with the most vacancies – currently 100 open positions – remaining for Child Protective Service workers.

“While there is still room for improvement, DoHS has devoted substantial resources to making those improvements, with the support of the West Virginia Legislature and the courts, and will continue to do so,” said Cynthia Persily, secretary of DoHS. “In West Virginia, as in every state child welfare program, there are always individual cases in which DoHS could improve. However, the statistics are clear that, on a system-wide basis, West Virginia has much to be proud of.”

Citing federal data, the department’s press release claims West Virginia has the third lowest rate of maltreatment of children in foster care, the highest rate of placement stability and the highest rate of placement in kinship care in the country.

Marcia Robinson Lowry is the lead plaintiff for the class and executive director of A Better Childhood (ABC). ABC is counsel for the children, along with Shaffer & Shaffer, a West Virginia law firm and the nonprofit organization Disability Rights of West Virginia.

“The judge will, of course, decide but we do not think the brief is persuasive,” Lowry said in an email. “Most importantly, the state simply does not have and is not even trying to hire enough caseworkers to protect children.”

Lowry said the number of unfilled caseworker positions is “based on a serious undercount of what they need.”

She also said backlogs on investigations into harm to children are “extraordinarily high – a year ago they were 400 for Kanawha County, more than 3,000 statewide.” 

“Professional standards require that caseloads be counted by children – West Virginia continues to count them by families, leaving many children unprotected and workers unable to get their critically important jobs done,” Lowry said. “Children continue to suffer because the state simply won’t address this problem.”

Statewide Campaign Doubles Number Of Prospective Foster Parents

There were 6,126 West Virginia children and teens in the state’s custody as of mid-June, according to the Department of Human Services (DoHS) child welfare dashboard. That’s why DoHS, in conjunction with foster care agencies across the state and Aetna Better Health West Virginia, launched a four-month drive to find more foster homes.

There were 6,126 West Virginia children and teens in the state’s custody as of mid-June, according to the Department of Human Services (DoHS) child welfare dashboard – and not nearly enough foster parents to care for them all while the state investigates the allegations of abuse and neglect that brought them into care in the first place. 

That’s why DoHS, in conjunction with foster care agencies across the state and Aetna Better Health West Virginia, which handles medical needs for all those kids, launched a four-month drive to find more foster homes.

The “We Foster West Virginia” campaign wrapped up at the end of June. During the campaign, the number of prospective foster care parents in the state roughly doubled.

Rachel Kinder, a spokesperson for Mission West Virginia, fielded all of the inquiries.

Normally her group handles about 100 inquiries per month. From March to June, she said, that number jumped to about 200. 

That’s close to 800 inquiries – double the usual amount. 

“I do think it was an effective campaign to get 400 additional inquiries in less than four months,” Kinder said. “We have definitely been overwhelmingly busy responding to those families.”

Part of the purpose of the campaign, she said, was to reach people who might not realize they could qualify.

“Some of the myths that people still believe are that you have to be married to be foster parents,” she said. ”You can be married, single, cohabitating, divorced, [a] same-sex couple – lots of different configurations and still qualify.”

“People thought that you had to own your own home to be a foster parent, [but] you can rent or you can be in an apartment. People believe that you have to have a separate bedroom for every child in foster care, when in fact children of the same genders can share bedrooms.”

Based on previous data, Kinder said only about 10 percent of those who reached out during the campaign will become certified. But Kinder suspects more people will mull it over before reaching out in the months to come.

Child Welfare Removal: A Difficult Process For Children

Even in ideal circumstances, the removal of a child from their home by Child Protective Services is always traumatic. Emily Rice spoke with community advocates about that process and what resources children need to adapt.

Even in ideal circumstances, the removal of a child from their home by Child Protective Services (CPS) is always traumatic.

There is no easy way to take a child away from the only home they have ever known, according to Kelli Caseman, executive director and founding member of Think Kids West Virginia, a children’s advocacy group.

“Even if they’re living in a home where they’re abused or neglected, they still, you know, usually love mom and dad very much,” Caseman said.

The number of children in foster care in West Virginia increased by 57 percent between 2012 and 2021, according to the West Virginia Center on Budget and Policy. Most experts in the field attribute the influx to the ongoing opioid epidemic in the region.

Shanna Gray is the state director of West Virginia Court Appointed Special Advocates, or CASA, and a foster parent. She said the reason for removal will dictate how and what the process looks like for the child and family separation, and the process will differ from state to state.

For example, a family working with CPS to improve their circumstances would have a safety plan in place, making the transition less jarring for the child if they were removed.

“Maybe the child isn’t fully separated, parents aren’t losing rights or anything, but the child goes and stays with grandma for a week, a seven day period to say, ‘Hey, Mom and Dad, get this resolved, whatever we have, what we are requiring, we’ll be back in a week to check in and see,” Gray said. “So it might be a temporary separation during that safety plan, the different those different types of safety plans are unique.”

However, in cases where children are determined to be in “immediate danger,” separation is far more abrupt.

“It’s very difficult,” Gray said. “It’s tough. Sometimes kids in these situations, obviously [it is] age dependent, they don’t have a scope of what they have been or have been experiencing is always they don’t always know that what they’re experiencing is not the same as what other people experience.”

While Gray is familiar with the removal process, CASA does not get involved until the case goes to court.

“We’re the child advocate from a community lens,” Gray said. “So when there’s a child abuse and neglect proceeding before the circuit court, the family and child have a CPS worker, of course, and that’s the social services side. They have a guardian ad litem who is appointed to them and that’s the attorney and the lawyer side. The parent also has either a public defender or a parent’s respondent attorney. And then in areas where CASA is available, the judge may appoint a community advocate or a CASA volunteer.”

The CASA volunteer is meant to be independent and objective, according to Gray. They conduct an investigation and compile recommendations for the judge to disseminate to all parties in the case.

In the past, out-of-state placements isolated the children and impeded their progress according to Caseman.

“Often, when a child isn’t getting that love and attention at home, they look for it at school, and often get it there,” Caseman said. “And so not only do these kids lose the home, the only home they may have ever known, but then they lose those community supports that often teach them resilience and support.”

Both Caseman and Gray advocate for community support to help children in the custody of an overburdened system.

“But what we’re not doing is really working collaboratively to ensure that people know where their services are, where they can be referred to, and then identify the gaps where there are no services,” Caseman said. “And we do know that there are definitely places in the state where there are just no services at all.”

Gray said CASA’s work is defined by the guiding principle that children grow and develop best with their family of origin when that can be safely achieved. 

She cited a study from the University College London and King’s College London that found when a child grows up in foster care, that child has an 80 percent higher chance of developing a long-term terminal illness.

“Young people really internalize about being in foster care, ‘What did I do? How did I come into foster care, why this happened to me, was it my fault?’ And so all of those mental impacts have very real long term mental, emotional, social and physical outcomes,” Gray said.

According to West Virginia’s Child Welfare Dashboard, of West Virginia’s more than 6,000 foster children, 38 percent were placed in certified kinship or a relative’s home. Twenty-seven percent are receiving therapeutic foster care at stabilization and treatment homes.

If you suspect or know that a child is being abused or neglected, call the Centralized Intake for Abuse and Neglect at 1-800-352-6513.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

The CPS Process And A New Plant Powered By Solar On This West Virginia Morning

On this West Virginia Morning, two companies are working side by side to build a new titanium plant in Jackson County, powered by solar. Also, even in ideal circumstances, the removal of a child from their home by CPS is always traumatic. We talk with community advocates about the process and resources available.

On this West Virginia Morning, two companies are working side by side to build a new titanium plant in Jackson County, powered by solar. Curtis Tate went to take a look.

Also, in this show, even in ideal circumstances, the removal of a child from their home by Child Protective Services (CPS) is always traumatic. Emily Rice spoke with community advocates about this process and what resources children need to adapt.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Chris Schulz produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Manchin Drops Democratic Party And Patient Sues Hospital For Abuse, This West Virginia Week

On this West Virginia Week, longtime Democrat Sen. Joe Manchin has officially changed political affiliations, registering as an independent on Friday. We’ll look into his decision, plus the sudden departure of the watchdog for West Virginia’s foster care system and a lawsuit filed against a state hospital over allegations of physical abuse.

On this West Virginia Week, longtime Democrat Sen. Joe Manchin has officially changed political affiliations, registering as an independent on Friday.

We’ll look into his decision, plus the sudden departure of the watchdog for West Virginia’s foster care system and a lawsuit filed against a state hospital over allegations of physical abuse.

We’ll also discuss efforts to preserve historic Black churches from Harpers Ferry to Charleston, and the rise of solar energy across the Mountain State.

Jack Walker is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker and Liz McCormick.

Learn more about West Virginia Week.

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